Problems with Evri - Lost Parcel

albizo74

Yes, I declared the value when I purchased the insurance from them. I also sent them a scan of the invoice I sent to the buyer on Reverb.

Hoenir

albizo74 said:

Yes, I declared the value when I purchased the insurance from them. I also sent them a scan of the invoice I sent to the buyer on Reverb.

So have Evri actually responded to your loss claim yet?  How long ago was it submitted? 

albizo74

I submitted a claim 10 days ago. They acknowledged that and declared that their policy will not cover musical instruments. They said that they would keep searching for the parcel and that they would be back in touch within 28 days with an outcome.
When I booked the collection, I declared the content of the parcel and its value (there are specific boxes to fill in for that). The problem is, the invoice only shows the value that the insurance is supposed to cover.
That being said, they clarified they won't cover musical instruments after I stated  the contents of the parcel and produced a copy of the original invoice.

Okell

In my opinion you should forget the insurance - it's an irrelevant distraction.

Provided that Evri knew the value of the guitar was £350 and provided that they will carry musical instruments and that they aren't prohibited altogether (forget what the insurance covers - this isn't about insurance) then:

(1)  s49 of the Consumer Rights Act 2015 (legislation.gov.uk) requires Evri to provide the service with reasonable care and skill.  I think this means that they really shouldn't "lose" a big parcel like a guitar;    

(2)  s57 of the same piece of legislation states that Evri's T&Cs cannot exclude or restrict their liability for a loss arising from them failing to provide the service with reasonable care and skill.  So if they "lose" your parcel they can't get out of reimbursing you for it;

(3)  Part 2 of the same legislation basically says that if there is a term in Evri's T&Cs that tries to restrict their liability by making you take out additional insurance then that is an unfair terma nd therefore unenforceable.

I think those are three reasons which, in my opinion, should win you a claim, and if I were you I'd press ahead.

But see what others say.

(However, remember that I'm not a judge and there's no 100% guarantee that you would win.  But what I can guarantee you is that if you don't sue them then you will have lost £350 for the guitar plus £25 delivery fees...)

the_lunatic_is_in_my_head

Okell said:

 that they aren't prohibited altogether (forget what the insurance covers - this isn't about 

I know you've been reading a bit over on the other forum, where the company has a box asking what is inside the parcel and that is filled correctly, does it matter if the item is prohibited altogether? Haven't they accepted an alternation to the terms by accepting the contract as given to them by the customer? 

sheramber

Musical instruments are not prohibited. They do't compensate for them

https://www.evri.com/news/check-before-you-send

There are some items we simply don’t cover. Unlike prohibited items, we can deliver these things, but remember – you send them at your own risk. If they’re lost, damaged or late we won’t be able to offer compensation. We’re also unable to compensate for any damage they might cause to other items in your parcel.

Common non-compensation items include:

• China, ceramic, mirrored and glass items – including liquids that are contained in glass or ceramic bottles or jars.
• Laptops, TVs and monitors.
• Spectacles, lenses and optical equipment such as binoculars and telescopes. The same goes for cameras!
• Kitchen appliances – including white goods and electronic equipment with glass or fragile parts.
• Plants and other perishable goods – including seeds and flowers.
• Chilled, frozen and fresh food – anything that could go off in transit!
• Antiques, jewellery, watches and precious stones valued at over £999.
• Currency notes and coins, credit and debit cards, and even cheques. So hold on to your cash!
• Musical instruments.
• Furniture – unless it’s flat-packed and securely packaged.

Okell

the_lunatic_is_in_my_head said:

Okell said:

 that they aren't prohibited altogether (forget what the insurance covers - this isn't about 

I know you've been reading a bit over on the other forum, where the company has a box asking what is inside the parcel and that is filled correctly, does it matter if the item is prohibited altogether? Haven't they accepted an alternation to the terms by accepting the contract as given to them by the customer? 

I didn't express that very well.

If Evri have accepted the guitar knowing that it's a guitar, then I don't think Evri can then go back and say it's prohibited so you're not entitled to anything.  Yes?

But if musical instruments/guitars are prohibited and the OP never told Evri it was a guitar, that may not be so clear cut.

[But see next post]

Okell

sheramber said:

Musical instruments are not prohibited. They do't compensate for them

https://www.evri.com/news/check-before-you-send

There are some items we simply don’t cover. Unlike prohibited items, we can deliver these things, but remember – you send them at your own risk. If they’re lost, damaged or late we won’t be able to offer compensation. We’re also unable to compensate for any damage they might cause to other items in your parcel.

Common non-compensation items include:

• China, ceramic, mirrored and glass items – including liquids that are contained in glass or ceramic bottles or jars.
• Laptops, TVs and monitors.
• Spectacles, lenses and optical equipment such as binoculars and telescopes. The same goes for cameras!
• Kitchen appliances – including white goods and electronic equipment with glass or fragile parts.
• Plants and other perishable goods – including seeds and flowers.
• Chilled, frozen and fresh food – anything that could go off in transit!
• Antiques, jewellery, watches and precious stones valued at over £999.
• Currency notes and coins, credit and debit cards, and even cheques. So hold on to your cash!
• Musical instruments.
• Furniture – unless it’s flat-packed and securely packaged.

Ah.

So not prohibited but Evri say they won't compensate if damaged.

I suppose that's going to come down to whether or not a court would decide either that it was an unfair term or that Evri were not able to exclude or restrict liability for losing it.

I think I'd argue that so long as Evri are willing to accept musical instruments and they are not prohibited, then they must still exercise reasonable care and skill in carrying them - and not lose them.

And I'd have thought that any term in their T&Cs that attempted to exclude or restrict liability for not exercising reasonable care and skill was unenforceable under the legislation.

That's the view I'd take.  And if it's a choice between definitely losing £375 versus a chance of getting the £375 back, I think I'd take the chance.

But it's a risk and it's up to the OP if they want to chance it.

user1977

Yes, I can understand musical instruments being more prone to damage, but I don't see why they're intrinsically more likely to go completely missing...

HillStreetBlues

Okell said:

That's the view I'd take.  And if it's a choice between definitely losing £375 versus a chance of getting the £375 back, I think I'd take the chance.

But it's a risk and it's up to the OP if they want to chance it.

Me too.

With a lost parcel it shouldn't matter what's inside, personally I think Evri are just using their T&Cs as a get out clause.
If OP declared the contents and value I would be arguing that Evri knew what it was contracted to do, so can't fall back on the small print.